Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision about a minimum amount which sellers of goods must charge for single use carrier bags. The Regulations are made under sections 77 and 90 of, and Schedule 6 to, the Climate Change Act 2008.
Part 1 of the Regulations deals with definitions and administrators. It includes a definition of “single use carrier bag” and a definition of “seller”; and appoints county councils and county borough councils as administrators under the Regulations.
Part 2 of the Regulations deals with the minimum amount which a seller must charge for a single use carrier bag and the types of single use carrier bags to which the requirement to charge does not apply (the bags in question are set out in Schedule 1 to the Regulations).
Part 3 of the Regulations deals with the keeping, supply and publication of records by sellers.
Part 4 of the Regulations specifies the circumstances in which a seller breaches these Regulations.
Part 5 of the Regulations concerns civil sanctions. It introduces Schedules 2 and 3 and deals with the circumstances in which a formal proposal to impose a fixed penalty or discretionary requirement cannot be made.
Schedule 2 confers power on administrators to impose fixed monetary penalties and contains associated procedural rights and obligations. Schedule 3 confers power on administrators to impose discretionary requirements and contains associated procedural rights and obligations.
Part 6 of the Regulations deals with enforcement and non-compliance. It confers enforcement powers on administrators; allows administrators to recover certain enforcement costs which they have reasonably incurred; and allows administrators to recover penalties and enforcement costs through the civil courts or, if a court so orders, as if payable under a court order. This Part introduces Schedule 4 which allows administrators to impose penalties on sellers who fail to comply with certain requirements previously imposed on them. This Part also allows administrators to require sellers to publish details of any civil sanctions which they have incurred.
Part 7 of the Regulations deals with administrative matters such as the scope of administrators' powers under the Regulations, general provision in relation to appeals and duties on administrators to publish guidance about how they will exercise their civil sanctioning and enforcement powers under the Regulations.
The Welsh Assembly Government commissioned the Local Better Regulation Office (“LBRO”) to carry out a review of the progress of all county and county borough councils in Wales in working to the principles of good regulation, as set out in paragraph 23 of Schedule 6 to the Climate Change Act 2008. A copy of the LBRO's report can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.
An impact assessment has been prepared for these Regulations. A copy can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.
A draft of the Regulations was notified to the European Commission in accordance with:
Article 8 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (OJ No. L204, 21.7.1998, p.37) last amended by Council Directive 2006/96/EC (OJ No. L363, 20.12.2006, p. 81); and
Article 16 of European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ No. L365, 31.12.1994, p.10) last amended by Regulation (EC) No. 219/2009 (OJ No. L87, 31.3.2009, p.109).